Kellam v. Keith
Supreme Court of the United States
APPEAL. FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. This was a suit for the cancellation of a deed, and to compel a reconveyance of land, commenced in the District Court of Shawnee County in the State of Kansas. The complaint did not disclose the citizenship of the parties.
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APPEAL. FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE DISTRICT OF KANSAS. This was a suit for the cancellation of a deed, and to compel a reconveyance of land, commenced in the District Court of Shawnee County in the State of Kansas. The complaint did not disclose the citizenship of the parties. The defendants, before pleading, presented a petition as follows for the removal of the cause to the Circuit Court of the United States: “And now come the said defendants Edward P. Kellam and Cyrus K. Holliday, by Kossington, Smith & Dallas and John T. Morton, their attorneys, and represent and…
1Opinion of the Court
The Chief Justice :
Upon the authority of Stevens v. Nichols, 130 U. S. 230; Jackson v. Allen, 132 U. S. 27; La Confiance Compagnie v. Hall, 137 U. S. 61, and other cases, the decree in this case must be reversed,- at the costs of appellants in this court and in the Circuit Court, and the cause remanded to the Circuit Court with directions to remand it to the state court.
2Cases cited2 opinions
- Stevens v. NicholsSupreme Court of the United States · 1889
- Jackson v. AllenSupreme Court of the United States · 1889
3Cited by24 opinions
- Billy Joe Shaw v. Dow Brands, Inc.Court of Appeals for the Seventh Circuit · 1993
- Kinney v. Columbia Savings & Loan Ass'nSupreme Court of the United States · 1903
- Koenigsberger v. Richmond Silver Mining Co.Supreme Court of the United States · 1895
- Mattingly v. Northwestern Virginia RailroadSupreme Court of the United States · 1895
- American Dredging Co. v. Atlantic Sea Con, Ltd.District Court, D. New Jersey · 1986
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